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(영문) 인천지방법원 2015.09.23 2015고합440

특정범죄가중처벌등에관한법률위반(보복폭행등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2015, the Defendant: (a) around 11:40, on the road of “E” operated by the wife of the victim D (year 54) located in Nam-gu Incheon Metropolitan City C, the Defendant reported the Defendant as a drinking driver on April 12, 2015, and was punished by the Defendant on the road of “E”, which had been located in the “F” office operated by the Defendant for the purpose of retaliation (20cm length of the day-day) and threatened the victim with the Defendant’s taking of the taking of the takings of the victim, such as “the victim shall die.”

Accordingly, the defendant committed violence to the victim for the purpose of retaliation against the provision of the investigation team in relation to the investigation of the criminal case of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning field photographs;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Application of the sentencing criteria [decision of types] : Violence crime of category 7 (Assault for Purpose of Retaliatory) (person subject to special mitigation] / In a case where he commits a crime by carrying a deadly weapon or other dangerous articles (the scope of recommending punishment] basic area, imprisonment with prison labor of October - 2 years;

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence were committed by the Defendant on the ground that the Defendant was subject to criminal punishment as a report by the victim, and thus, threatened the victim with a knife, which is a deadly weapon. Although the Defendant had been punished for violent crimes, the Defendant is not undermining the quality of the crime in this case.

On the other hand, the criminal defendant is subject to a fine.